Theodore Hayes v. Philip Harvey (2018)

Citation: Theodore Hayes v. Philip Harvey (2018)
Parent Document: Theodore Hayes v. Philip Harvey (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-08-31
Original Source: https://www.courtlistener.com/opinion/4532088/theodore-hayes-v-philip-harvey/ ↗

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than half way. We should expect the owners to take the last
step and continue in the program.”) (emphasis added); see also
id. (testimony of William C. Apgar, Assistant Sec. HUD), 1999
WL 492965 (“HUD’s multifamily subsidies were always
intended as market-driven programs dependent on the private
sector to provide affordable housing.”).
        In other words, Congress identified a problem: HUD’s
failure to act despite the threat of impending opt-outs. To
combat this problem, Congress enacted a solution: compelling
HUD to make up the difference between what assisted families
could pay and market-rate rents. This solution struck the
appropriate balance between tenants’ interests and landlords’
interests. This balance, however, never included forcing
landlords to continuously renew enhanced-voucher tenancies
after the leases expired on their own terms. Rather, the balance
was that Congress would compel HUD to provide enhanced
vouchers to eligible tenants; this, in turn, provided property
owners with the proper incentive—market-rate rent—to
continue renewing enhanced-voucher tenancies. Of course, if
a property owner decided not to renew an enhanced-voucher
tenancy, then nothing in the statute could, or would, require
him to do so. After all, an incentive is not an edict.
        Admittedly, much of the foregoing discussion pertains
to the earlier version of the enhanced voucher statute. But that
context is critical, especially given the complete dearth of
information regarding the 2000 amendment. Indeed, the only
explanation provided for the insertion of the “may elect to
remain” language at issue here is that it was added to “clarify[]
that assisted families continue to have the right to elect to
remain in the same unit of their project if that project is eligible
to receive enhanced vouchers.” H.R. Rep. No. 106-521, 42–43
(2000) (emphasis added); see also H.R. Rep. No. 106-710, at
164 (2000) (Conf. Report) (noting that the amendment was

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